READ FIRST TIME 02/17/11.   

     AN ACT Relating to preventing storm water pollution from coal tar sealants; and adding a new chapter to Title 70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Coal tar" means a material that contains coal tar identified by chemical abstract number 8007-45-2.
     (2) "Coal tar pavement product" means a material that contains coal tar that is intended for use as a pavement sealant.
     (3) "Department" means the department of ecology.

NEW SECTION.  Sec. 2   (1) After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.
     (2) After July 1, 2012, a person may not apply a coal tar pavement product on a driveway or parking area.
     (3) The department may issue a notice of corrective action to a person in violation of subsection (1) or (2) of this section.
     (4) A city or county may adopt an ordinance providing for enforcement of the requirements of subsection (1) or (2) of this section. A city or county adopting an ordinance has jurisdiction concurrent with the department to enforce this section.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act constitute a new chapter in Title 70 RCW.